Jensen

Appeal from judgment rendered on verdict for plaintiff in an action on a war risk insurance certificate. The sole question presented is whether or not the District Court erred in denying defendant’s motion for a directed verdict, based upon the lack of any substantial evidence of total and permanent disability at the time the insurance otherwise lapsed.

Plaintiff, who enlisted December, 1917, was discharged June, 1919; payment of premiums kept the insurance in effect until August, 1919.

From plaintiff’s evidence, as presented by his own testimony and corroborated in most material respects, the jury eould have found the following facts: Plaintiff was a corporal in the engineers, an extremely big and very powerful man, the largest in his company. At and before his entrance into the service he was in excellent physical condition.

In the fall of 1918 he was gassed twice, once as a result of a gas shell exploding close to him. Thereafter he lived under highly unsanitary conditions, was exposed to continuous rain, and had to sleep in wet clothing.

After the gassing, plaintiff vomited, coughed, and was dizzy and he received first aid. Subsequently he saw his company doctor, and…